Electoral Legislation (Amendment) Act 2004

Victorian Legislation and Parliamentary Documents i Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—ELECTORAL ACT 2002 3 3. New section 3A inserted 3 3A. Homeless persons 3 PART 3—ELECTORAL BOUNDARIES COMMISSION ACT 1982 4 4. Amendment of section 10A—Map to be exhibited 4 5. Amendment of section 10B—Submissions, suggestions and objections 4 6. Amendment of section 11—Statement of the division of electors 5 7. Amendment of section 12 6 8. Amendment of section 13 6 PART 4—CONSTITUTION (PARLIAMENTARY REFORM) ACT 2003 7 9. Amendment of section 45 7 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Victorian Legislation and Parliamentary Documents 1 Electoral Legislation (Amendment) Act 2004† [Assented to 23 November 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is— (a) to amend the Electoral Act 2002 to clarify the eligibility of homeless persons to enrol as itinerant electors; Victoria No. 85 of 2004 -- 2 of 11 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 2 (b) to amend the Electoral Boundaries Commission Act 1982 to improve the operation of that Act; (c) to amend section 45 of the Constitution (Parliamentary Reform) Act 2003 so that when that section comes into operation it will amend section 5 of the Electoral Boundaries Commission Act 1982— (i) to enable the Electoral Boundaries Commission to establish quotas to be used as a basis for a redivision; and (ii) to specify the conditions when the Electoral Boundaries Commission must conduct a redivision. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 3 of 11 -- Victorian Legislation and Parliamentary Documents Part 2—Electoral Act 2002 Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 3 PART 2—ELECTORAL ACT 2002 3. New section 3A inserted After section 3 of the Electoral Act 2002 insert— '3A. Homeless persons (1) For the purposes of this Act, a reference in section 22(4) to a person includes a homeless person. (2) In this section, "homeless person" means— (a) a person living in— (i) crisis accommodation; or (ii) transitional accommodation; or (iii) any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or (b) a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth.'. __________________ See: Act No. 23/2002. Reprint No. 1 as at 8 April 2003 and amending Act Nos 2/2003, 91/2003, 114/2003 and 10/2004. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 4 of 11 -- Victorian Legislation and Parliamentary Documents Part 3—Electoral Boundaries Commission Act 1982 Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 4 PART 3—ELECTORAL BOUNDARIES COMMISSION ACT 1982 4. Amendment of section 10A—Map to be exhibited In section 10A of the Electoral Boundaries Commission Act 1982 for "Before forwarding to the Minister a statement of the division of electors agreed upon together with other particulars referred to in section 11, the Commissioners" substitute "The Commission". 5. Amendment of section 10B—Submissions, suggestions and objections (1) Insert the following heading to section 10B of the Electoral Boundaries Commission Act 1982— "Submissions, suggestions and objections". (2) In section 10B of the Electoral Boundaries Commission Act 1982— (a) for "Commissioners" (where twice occurring) substitute "Commission"; (b) omit "before forwarding their statement to the Minister". (3) At the end of section 10B of the Electoral Boundaries Commission Act 1982 insert— "(2) In considering suggestions or objections lodged under sub-section (1), the Commission may conduct hearings in public. (3) A person who lodges a suggestion or objection under sub-section (1) may lodge a request with that suggestion or objection that the person be permitted to make an oral submission to the Commission in support of the suggestion or objection. See: Act No. 9801. Reprint No. 3 as at 8 April 2003 and amending Act Nos 2/2003 and 10/2004. LawToday: www.dms. dpc.vic. gov.au s. 4 -- 5 of 11 -- Victorian Legislation and Parliamentary Documents Part 3—Electoral Boundaries Commission Act 1982 Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 5 (4) If the Commission hears oral submissions, the Commission must hear them in public and cause them to be recorded and a transcript to be made. (5) A suggestion or objection lodged under sub- section (1) or a transcript of an oral submission made under sub-section (4) is a public document which must be available for inspection at the office of the Commission at all times during its normal office hours until the expiration of 3 months after the statement referred to in section 11 is first laid before Parliament.". 6. Amendment of section 11—Statement of the division of electors (1) Insert the following heading to section 11 of the Electoral Boundaries Commission Act 1982— "Statement of the division of electors and other material". (2) In section 11 of the Electoral Boundaries Commission Act 1982— (a) for "The Commissioners shall" substitute "The Commission must"; (b) for "Commissioners are agreed" substitute "Commission agrees"; (c) for "Commissioners shall forward to the Minister" substitute "Commission must prepare"; (d) for "signed by the Commissioners" substitute "endorsed by the Commission". s. 6 -- 6 of 11 -- Victorian Legislation and Parliamentary Documents Part 3—Electoral Boundaries Commission Act 1982 Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 6 7. Amendment of section 12 (1) In section 12(1) of the Electoral Boundaries Commission Act 1982— (a) for "receiving" substitute "preparing"; (b) for "Minister" substitute "Commission"; (c) for "Department of Natural Resources and Environment" substitute "Department of Sustainability and Environment". (2) In section 12(2) of the Electoral Boundaries Commission Act 1982 for "Minister" substitute "Commission". 8. Amendment of section 13 (1) In section 13(1) of the Electoral Boundaries Commission Act 1982 for "Department Head of the Department of Natural Resources and Environment" substitute "Commission". (2) Section 13(2) of the Electoral Boundaries Commission Act 1982 is repealed. __________________ s. 7 -- 7 of 11 -- Victorian Legislation and Parliamentary Documents Part 4—Constitution (Parliamentary Reform) Act 2003 Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 7 PART 4—CONSTITUTION (PARLIAMENTARY REFORM) ACT 2003 9. Amendment of section 45 After section 45(3) of the Constitution (Parliamentary Reform) Act 2003 insert— "(3A) For section 5(3) of the Electoral Boundaries Commission Act 1982 substitute— '(3) The Commission must, before beginning to conduct a redivision, publish a notice in the Government Gazette specifying— (a) the date on which the Commission is to begin conducting the redivision; (b) the condition applying in the relevant period under sub-section (4) which requires the Commission to conduct the redivision; (c) the quota for electoral regions and the quota for electoral districts which is to be used as the basis for the redivision. (4) The Commission must conduct a redivision if any one of the conditions specified in paragraphs (a) to (d) applies in the relevant period— See: Act No. 2/2003. Statute Book: www.dms. dpc.vic. gov.au s. 9 -- 8 of 11 -- Victorian Legislation and Parliamentary Documents Part 4—Constitution (Parliamentary Reform) Act 2003 Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 8 (a) the number of electors enrolled for a minimum of 3 electoral regions or a minimum of 27 electoral districts have varied for a minimum period of 2 months by more than 10 per centum from the average enrolment of all electoral regions or all electoral districts; (b) the number of electors enrolled for a minimum of 3 electoral regions or a minimum of 23 electoral districts have varied for a minimum period of 2 months by more than 10 per centum from the average enrolment of all electoral regions or all electoral districts and the number of electors enrolled for at least 1 of those electoral regions or at least 5 of those electoral districts have varied for a minimum period of 2 months by more than 20 per centum from the average enrolment of all electoral regions or all electoral districts; (c) there have been 2 general elections since the last redivision; (d) section 27 or 35 of the Constitution Act 1975 has been amended to change the number of electoral regions or electoral districts. s. 9 -- 9 of 11 -- Victorian Legislation and Parliamentary Documents Part 4—Constitution (Parliamentary Reform) Act 2003 Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 9 (5) In this section— "general election" means an election at which all the members of the Legislative Council and the Legislative Assembly have to be elected; "quota for electoral districts" means the quota determined by dividing the total number of electors enrolled as electors for Victoria as at the last day of the month preceding the date of the notice under sub-section (3) by the number of electoral districts; "quota for electoral regions" means the quota determined by dividing the total number of electors enrolled as electors for Victoria as at the last day of the month preceding the date of the notice under sub-section (3) by the number of electoral regions; "relevant period" means the period beginning 24 months before the next scheduled general election and ending 18 months before the next scheduled general election.'.". ═══════════════ s. 9 -- 10 of 11 -- Victorian Legislation and Parliamentary Documents Electoral Legislation (Amendment) Act 2004 Act No. 85/2004 10 ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 October 2004 Legislative Council: 16 November 2004 The long title for the Bill for this Act was "to amend the Electoral Act 2002, the Electoral Boundaries Commission Act 1982 and the Constitution (Parliamentary Reform) Act 2003 and for other purposes." 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